What to do if the pension fund does not count the length of service


Since 2013, amendments have been made to the Law “On Labor Pensions”, according to which work experience during periods of child care and military service began to be taken into account. To find out the final amount of the insurance portion yourself, you should indicate the exact period of time the able-bodied citizen worked. How to calculate the length of service for a pension (calculator)?

This requires accurate information on the periods of employment and dismissal from work.

Types of work experience

Types of work experience

According to labor legislation, today in Russia the following types of length of service are established:

  • General.
  • Special.
  • Experience in a specific specialty.
  • Continuous.

Total work experience refers to the entire duration of a citizen’s official work activity, from the first employment to retirement. The total length of service also includes some periods of time when a person de facto did not work for some good reason:

  • Education in higher educational institutions.
  • Leave to care for a child until he is one and a half years old.
  • Leave due to pregnancy and childbirth (“maternity leave”).
  • Temporary loss of work with official registration with the central bank.
  • Compulsory service in the armed forces and other structures equivalent to them (internal troops of the Ministry of Internal Affairs and the Russian Guard, border service).
  • Caring for a disabled relative whose age has exceeded 80 years.
  • Caring for a disabled minor child.
  • Staying in the institutions of the Penitentiary Service (prison, correctional colony).
  • Annual basic paid leave, leave at your own expense, sick leave.
  • Wives of military personnel living with their husbands in remote garrisons without employment opportunities.
  • Wives of diplomats living abroad without employment opportunities.

When calculating the total length of service, the time spent serving a prison sentence is counted only if the person was subsequently found innocent and rehabilitated. For women caring for young children, a maximum of 4 one-and-a-half-year periods are counted. That is, the time spent caring for the fifth and subsequent newborns will no longer be included in the total length of service. For wives of military personnel and diplomatic workers, this time limit is set at five years.

Special length of service was previously defined as a separately calculated type of length of service. This term, which appeared in the pension legislation adopted in 1990, is now excluded from the articles of the Law on Pensions. However, in fact, the provisions on special calculation of length of service continue to apply when calculating pensions in some sectors of the national economy. Thus, a special calculation of length of service is used for people employed in hazardous and hazardous industries, working in difficult climatic conditions (in the Far North and areas equivalent to it).

The length of service is considered continuous only if the period of time between dismissal from one place of work and employment in another does not exceed the established period. For different types of activities, this period may be different:

  • 1 month is the standard period for workers and employees;
  • 2 months - for persons who worked in the Far North after the end of the employment contract; for emigrants from other countries until employment in Russia; for persons who worked abroad in Russian companies, at the end of the contract.
  • 3 months – for employees dismissed due to job elimination; for people with disabilities; primary school teachers.

Experience in a specialty determines the duration of work in a particular industry, in a particular position or profession. Allows you to determine a citizen’s work experience, and, consequently, the level of his labor skills when applying for a job.

Length of service in the Ministry of Internal Affairs

Employees of the Ministry of Internal Affairs

The Ministry of Internal Affairs did not stand aside, and is also involved in rewarding workers for their years of service. Special job requirements make it possible to claim additional incentives issued every month in addition to the basic salary. In accordance with all norms established by law, bonus amounts are awarded to employees of the Ministry of Internal Affairs who work in the following list of structural units:

  • central office of the state Ministry of Internal Affairs
  • Main Directorate of the Ministry of Internal Affairs of the city of Moscow and the Moscow region
  • duty departments
  • parts of temporary accommodation for lawbreakers who have not reached the age of majority
  • cavalry units

For example, if an employee is engaged in caring for horses, bonuses range from 10-100% of the additional salary of a police officer. The size of the additional payment amount is affected by the level of threat and harmfulness of the activity performed, responsibility and the possibility of acquiring an occupational disease in the future.

Since 2011, in order to correctly calculate additional payments to employees of the Ministry of Internal Affairs, it is necessary to take into account the share for individual achievements. Acquiring a scientific degree and significant achievements in one of the types of sports also imply financial approval, which ranges from 5-30% of the salary. It is expected that such incentives will make it possible to improve the quality of personnel working in the Ministry of Internal Affairs.

What does experience give?

What does experience give?

Work experience, first of all, is necessary for calculating a pension to an employee. Not so long ago, its size and the worker’s retirement age completely depended on the duration and type of work experience. In recent years, in connection with the implementation of pension reform, the main factor influencing the size of the pension has become not the length of service, but the insurance period.

The insurance period begins to count from the moment a citizen concludes a pension insurance contract. A special personal account is opened for the insured citizen, to which the employer makes monthly contributions. Based on the amount accumulated by the time of retirement, the size of the basic pension paid to a person by the state will be calculated.

However, the length of work experience still continues to play a certain role in the calculation of pension payments. Let's consider what advantages this or that type of experience gives a person.

Length of service of military personnel

The military is located in the 1st group of employees together with the police, the Ministry of Internal Affairs and the Ministry of Emergency Situations. It's easy to calculate the premium:

Ministry of Emergency Situations

  • Employees who have worked from 2 to 5 years have every chance of receiving a 10% bonus
  • military personnel working for 5-10 years have the right to expect an additional payment of 14% to their salary every month
  • served for 10-15 years - you will receive an additional 20% to your official earnings
  • work for at least 15-20 years – an additional payment of 25% is accepted
  • civil servants reward military personnel who have worked for 20-25 years with a 30% bonus
  • military servicemen who have given 25 years of their life or more to the Fatherland receive 40% of their official earnings

The characteristics of the obligations and the place of service in the military directly have a great influence on the size of the bonus for years of service.

If these are aviation units, and the workers belong to the crew of airplanes and helicopters that take part in various types of tests, the month of fulfilling their labor obligations is counted as 2, and so on for the entire time of work.

In addition, a special incentive calculation formula is used in relation to bonus amounts for military personnel who constantly conduct parachute training, are in the professional composition of military maritime structures, etc.

Total experience

Total experience

The length of total work experience used to be the main condition necessary for assigning a pension to a citizen. The total work experience required for retirement varied significantly depending on the work specialty or working conditions. Thus, people working in hot shops or in difficult climatic conditions could qualify for early retirement. But since 2002, to calculate a pension, any citizen only needs five years of compulsory insurance coverage. Upon reaching this period, he can apply for the assignment of the minimum amount of pension established by law.

Is work in Soviet times included in the insurance period?

The insurance period includes not only periods of labor activity, but also others: These periods can be counted provided that before or after them the citizen worked officially (regardless of the duration). The insurance period is calculated in the order of calendar time; if some periods coincide, at the choice of the citizen, one of them can be taken into account.

And if before 2020 you could safely retire, having only 5 years, during which contributions were made to the Pension Fund, then from now on, the SS will grow and by 2024 will be 15. Let’s touch on one more point: the influence of special length of service for pension accruals.

Special experience

The concept of “special work experience,” although absent from modern pension legislation, in fact continues to be used in a number of cases:

  • For early calculation of pensions in accordance with the standards of compulsory pension insurance (Federal Law No. 400-2007).
  • When calculating wage supplements as compensation for difficult working conditions (Order of the Ministry of Health and Social Development No. 822-2007).
  • When establishing incentive bonuses for people working in hazardous industries or in difficult climatic conditions (Order of the Ministry of Health and Social Development No. 818-2007).
  • To additionally provide paid annual leave to workers in heavy or hazardous production (Labor Code, Art. No. 121).

The list of professions whose employees are given special work experience is given in regulations approved by the government of the Russian Federation.

Length of service of civil servants

So, to correctly calculate the additional payment for employees involved in the public service, it is necessary to study the percentage rates of the additional amount, which directly depend on the length of service:

Teacher

  • Experience from 1 to 5 years provides the right to purchase an additional 10% of the added salary
  • if the experience ranges from 5 to 10 years, you can hope for perhaps a 15% additional payment
  • 20% is given to officials who have worked for the benefit of the country for at least 10-15 years
  • 30% - the maximum possible amount of bonus for years of service - is allocated to employees who fulfill their labor obligations for 15 years or more

Specific figures depend on the budget and economic situation of the company. One should not lose sight of the fact that state employees are regularly awarded bonuses and other funds as an incentive to perform their job duties well, directly depending on the position held, the type of activity performed by the employee, and labor obligations that are placed on his shoulders beyond generally accepted standards.

For example, a position may be related to the lower and higher groups, according to this, the increase ranges from 60 to 200% of the salary. If a native of the Russian Federation in his own work comes across information that is considered secret, which must be signed in a special document, the degree of secrecy of the papers determines the additional amounts of 5-75% of the salary.

If the employee is directly involved in protecting state secrets, the increase for years of service is formed in the amount of 10-20% of the official salary, depending on the duration of fulfillment of professional obligations.

Is it possible to purchase a number of allowances at once? Of course, it is possible, but only if they are not considered incompatible relative to each other.

Let’s imagine this case: an employee works, regularly communicates with classified information, and has 11 years of work experience. In the total amount of this kind, the employee will receive a whole list of additional payments:

  • financial plan incentive for supporting a national secret
  • amount added for length of service performing work in a specific field
  • additional payment, which is required to be provided in the amount of 20% for the number of years worked

Continuous experience

Continuous experience

It is used when calculating compensation and providing other types of social guarantees. Today, having continuous experience is relevant:

  • For workers working in the Far North and equivalent territories (Government Decree of 1993).
  • For persons who served in the Armed Forces in areas with unfavorable climatic or environmental conditions (Government Decree of 1999).
  • For medical workers employed in medical institutions with a high level of biological hazard (Order of the Ministry of Health and Social Development No. 463-2008).

In addition, continuous experience is necessary to establish additional pay for length of service for certain categories of employees of law enforcement agencies: the Ministry of Internal Affairs, the Armed Forces of the Russian Federation, the FSB, the Ministry of Emergency Situations. By internal orders of the organization, employees with extensive continuous experience may also be provided with certain benefits - salary bonuses, additional paid leave, and so on.

FAMILY CONSULTANT

Currently, citizens who have worked during the Soviet period and during the first decade after the collapse of the USSR are retiring. When citizens apply to the Pension Fund for an old-age insurance pension, a Pension Fund specialist checks whether they have two types of work experience. Firstly, the presence of insurance work experience in the period after January 1, 2002, in order to determine whether a citizen has the right to an insurance pension. Secondly, the length of total work experience to assess the pension rights of the insured person as of before January 1, 2002. In addition, it is checked whether the citizen has the required number of pension points. Obtaining the right to an old-age insurance pension depends on the year in which the citizen applies for a pension.

To assess the pension rights acquired by a citizen for work during the Soviet period and in the period 1991-2002, periods of work are included in the total length of service, the list of which is exhaustively given in paragraph 3 of Article 30 of Law No. 173-FZ. The assessment of pension rights is carried out by converting them into calculated pension capital according to the formula provided in Article 30 of the Law on Labor Pensions.

Experience in specialty

The time a person works in a particular field of work does not imply the provision of any benefits, additional payments or other preferences. The main point of the length of work in a specialty is to make it clear to the employer when hiring an employee that he is faced with a person with certain experience and possessing certain professional skills. Accordingly, the more work experience in the required specialty, the higher the chances of such an applicant to get a job in the organization.

However, in a number of professions, the length of work in the specialty can also influence the employee’s career growth. For example, in the Armed Forces, in order to receive the next rank, an employee must have a certain period of service in a lower rank. Assignment of a subsequent rank. Extraordinary assignment of a title is possible only in the form of encouragement for any merits. And in certain positions, work experience is the main condition for employment.

Thus, in order to be admitted to the bar exam, a lawyer must have, in addition to specialized education, a certain amount of practical work experience. To be appointed to the position of prosecutor of a region or republic, a justice worker must work for at least 7 years in lower positions.

As we can see, despite the reform and the introduction of a new procedure for calculating pensions and salaries, length of service remains an important factor influencing the size and procedure of social payments.

How to confirm?

There are two ways to prove that a person has a certain amount of experience.

Documented

The main document confirming a person’s work experience is

Documentation required for payments

is a work book. (LC, article 66)

It is according to this document that the length of service is calculated. However, there may be unclear or incorrect entries in the book. In this case, you will have to apply for a certificate from the organization in which the person worked. This can be done in person or the request will be sent by the Pension Fund. If the enterprise no longer exists, then an appeal to the archive should be made. The received documents are attached to the pension file.

In some cases, the need to include a certain period in the length of service has to be proven in court. For example, if a person studied at a university or other educational institution during the existence of the USSR. Moreover, he worked before admission and immediately after. In this case, he has the right to demand that the PF include years of study in his length of service, since in the Soviet Union the period of study was taken into account when calculating length of service.

Thus, when calculating work experience, certificates from the place of work and court decisions can be taken into account. Employment contracts can also confirm length of service if there is no corresponding entry in the work book.

The confirmation procedure is determined by the Law on Pensions and the Rules for calculating length of service (Government Decree No. 555 of July 24, 2002).

Witness's testimonies

It happens that there are no documents in the archive of an organization that has ceased to exist, the reason for what happened is not important to us, then the question arises: what to do in this situation? In this case, the PF will have to provide witness testimony.

If the organization’s documents are lost through no fault of the person working in it. then witnesses can confirm his experience. (Pensions Law, Article 13, paragraph 3) Two or more people must testify. The fact that they work together with the applicant in the organization must be documented, for example, by an irrefutable entry in the labor record.

The actions in this situation are as follows:

Witness's testimonies

  1. An application is written to the Pension Fund with a request to establish the length of service based on witness testimony.
  2. A request is made to the archive. From there you need to receive a response indicating the absence of documents from this organization or that they were not received for storage.
  3. Witnesses testify about the fact of joint work during the period that the applicant requires to be restored.
  4. The testimony is attached to the application.

You will learn how sick leave is paid in our thematic material. Proper payroll calculation is very important. Find out about the important nuances of this process in our professional article.

Did your business trip fall on a weekend? Study this material!

"Restoration" of experience

"Restoration" of experience

Unfortunately, it often happens that seniority is simply “lost.” This can happen if you lose your work book. Before the introduction of the electronic database of pension funds and pension insurance, it was the main document according to which both total and special work experience were calculated. Therefore, with the loss of a work book, there is a need to confirm one’s work activity before concluding an OPS agreement.

Confirming this is sometimes very difficult. It’s good if the enterprise where a person worked several decades ago is still preserved. But thousands of enterprises from the Soviet period did not survive the troubled 90s, and even today hundreds of large and small organizations go bankrupt and close across the country every year.

A professional lawyer specializing in labor relations issues can help you restore lost experience. The specialist will be able to competently draw up requests to the relevant authorities and help in collecting a package of supporting documentation. And if necessary, represent the client’s interests in any judicial and administrative authorities.

Length of service in private companies

The working years in relation to those working in individual firms are formed in the text of the employment contract, which is signed by the employer. Exactly the same data may be displayed in a whole list of other provisions and papers that apply to company employees:

  • collective agreement
  • document regulating monetary incentives
  • LNA

Material compensation can be paid either every month or once for a certain number of months. You should carefully consider what is noted in the employment contract.

What length of service does military service include?

Of course, so that when applying for a pension, you do not have to search for the appropriate documentation for a long time, it is advisable to make the appropriate note in a timely manner when applying for a job immediately after completing your service. The employer can make a note at the HR department before making an appointment. However, the entry is made on the basis of relevant documents, not from the words of the applicant.

People who served in the Russian army often wonder whether years of service count toward any length of service. Do they have any advantages, what can you count on, what compensation can you take advantage of, and what do you need to present to receive such privileges? According to the laws of the Russian Federation, military service, military work under a contract, is included in different types of length of service. Military experience is also taken into account for military personnel who decide to devote their lives to military affairs, depending on their rank.

Concept and legal meaning

Work experience is the total duration of working and social activity, calculated in a certain order, starting from the moment of reaching working age .
Its calculation is necessary to obtain various guarantees and compensations established by law. From a legal point of view, this is a fact, upon the occurrence of which the right to receive pension payments, certain types of benefits, and benefits arises.

It has two characteristics:

  • quantitative, that is, the time period of the activity;
  • qualitative – represents the conditions in which a person worked, their harmfulness, danger, etc.

The main document confirming its duration is a work book .

You can get more detailed information about this concept from the following video:

Calculation procedure

When calculating length of service for various purposes, the employee’s work book and all inserts are used. If it is missing, then the calculation is made on the basis of an employment contract, a certificate from a previous place of work, extracts from orders, salary slips and similar documents.

The specific calculation algorithm depends on the purpose of this procedure.

To receive a pension, benefits

In this case, every day of service is important, since the amount of payments depends on the length of the period. For the calculation, all periods of a person’s work are used, including time of municipal service, as well as other types that involve the deduction of insurance premiums.

According to the law, when calculating a month, a period of 30 days is considered, and a year is equal to 360 days.

The calculation procedure is as follows. First, you should write down the start and end dates of all periods of work. After this, the duration of each period is determined accurate to the day. Next, all the numbers are summed up and the number of full years, months, and days is indicated.

For example, a person got a job on September 5, 2012, and quit on December 19, 2014:

  1. First of all, you should count the days: 25 in September, 19 in December. Total 44 days or 1 month and 14 days.
  2. Next, count the months: 3 full months in 2012, 11 in 2014. Total 14 months or 1 year and 2 months.
  3. Then determine the number of full years: 1 year in 2013.
  4. Now you need to add up all the resulting values: 1 year, 1 year and 2 months, 1 month and 14 days. Total 2 years, 3 months, 14 days.

This indicator is the total length of service.

For sick leave

The calculation to determine the amount of temporary disability benefits is carried out using a work book. The determination of the duration of the working period for this purpose must be carried out to the nearest day. If a person worked at several enterprises, the length of service is calculated for each place of employment.

The value directly affects the amount of the benefit. That is, the longer the period, the higher the accruals. According to the law, the dependence is as follows:

  • with work experience of up to 6 months, the benefit amount is equal to one minimum wage;
  • up to 5 years - 60% of the average salary;
  • up to 8 years - 80% of earnings;
  • more than 8 years - 100% of the average salary.

The calculation method is the same as for determining the size of the pension. For example, if a person’s total work period is 2 years, 3 months and 14 days, then the amount of payments will be 60% of the calculated average salary.

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